According to defense attorney Elizabeth Macedonio, "the Nose" is still broke. The attorney stated that her client has no assets and suffers from many health problems. She disputed prosectors' contention that D'Amico was a leader of the Gambino Crime Family. Macedonio and members of the D'Amico family asked Judge Jack Weinstein for a lenient sentence.

The two year sentence was within recommended guidelines for extortion.

D'Amico was among the 62 people rounded up by federal authorities in February. D'Amico, reputed acting boss of the Gambino clan, pleaded guilty May 28 to shaking down the cement company for $100,000.